Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Claims 1, 3-15, 17-25 and 27-28 have been examined in this application. Claims 2, 16, and 26 have been cancelled. This communication is Final Rejection in response to Applicant’s “Amendments/Remarks” filed on 11/12/2025.
Claim Rejections - 35 USC § 112
The claim rejections regarding claim(s) 12, 14, and 24 made in the Non-Final Rejection on 08/12/2025 are withdrawn in light of the amendments to the claims filed on 11/12/2025.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3, 10, 15, 17, and 25, 27 are rejected under 35 U.S.C. 103 as being unpatentable by Wride (US4970743) in view of Blyskal (US8490228).
Regarding claim 1,
Wride teaches A bed foundation, comprising: a frame (Wride: FIG. 2 [Col. 3 23-25] foundation 13) including a plurality of rails (Wride: FIG. 2 [Col. 3 23-25] foundation base 15), each of the plurality of rails comprised of thermoplastic foam, (Wride: FIG. 4 [Col. 4 46-48] special foam sidewall rail units 25); and the plurality of rails including a first set of rails which define a perimeter of the frame (Wride: FIG. 4 [Col. 4 46-47] mattress section 12 comprises special foam sidewall rail units 25 having a unique interlocking design), the second set of rails defining an interior structure within the perimeter of the frame (Wride: FIG. 4 [Col. 4 39-40] it is anticipated that such bracing would have the same notched configuration as the grids 22 and 23 and would be matingly engaged), and each rail of the second set of rails being interlocked with at least one other rail of the first set of rails and at least one other rail of the second set of rails (Wride: FIG. 2 [Col. 4 23-25] foundation inserts 16 into the foundation base 15, and then mate the foundation cap 14 over the unit to form an integral box-like structure of unusual strength and rigidity); and one or more panels positioned on top of the frame to define an upper surface of the bed foundation for supporting a mattress (Wride: FIG. 1 [Col. 3 23-25] foundation cap 14).
Wride does not teach and a second set of rails interlocked with the first set of rails.
Blyskal teaches and a second set of rails interlocked with the first set of rails (Blyskal: FIG. 1 [ABS.] long and short sections (12a, 12b, 12c, 14a, 14b, 14c, 14d) are preferably molded from structural foam).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Blyskal directed to having a bed structure base comprised of engaged sections made of foam. A person having ordinary skill in the art would have been motivated to make this modification in order to provide structural molding using a foam process (Blyskal: [Col. 4 18-19]).
Regarding claim 3,
Wride, as modified, teaches The bed foundation of claim 1, wherein each rail of the second set of rails defines a notch for receiving another rail of the second set of rails (Wride: FIG 2 [Col. 3 23-25] insert 16 of notched cross grids 22 and notched lengthwise grids 23…user interlock grids at notched section).
Regarding claim 10,
Wride, as modified teaches The bed foundation of claim 1, wherein the one or more panels are comprised of thermoplastic foam (Wride: FIG. 4 [Col. 4 47] special foam sidewall rail units 25).
Regarding claim 15,
Wride teaches A kit for a bed foundation, comprising a plurality of rails configured to interlock with each other to at least partially define a frame of the bed foundation (Wride: FIG. 2 [Col. 3 20] foundation 13), each of the plurality of rails comprised of thermoplastic foam (Wride: FIG. 4 [Col. 4 46-48] special foam sidewall rail units 25) and the plurality of rails including a first set of rails which define a perimeter of the frame (Wride: FIG. 4 [Col. 4 46-47] mattress section 12 comprises special foam sidewall rail units 25 having a unique interlocking design), the second set of rails defining an interior structure within the perimeter of the frame (Wride: FIG. 4 [Col. 4 39-40] it is anticipated that such bracing would have the same notched configuration as the grids 22 and 23 and would be matingly engaged), and each rail of the second set of rails being interlocked with at least one other rail of the first set of rails and at least one other rail of the second set of rails (Wride: FIG. 2 [Col. 4 23-25] foundation inserts 16 into the foundation base 15, and then mate the foundation cap 14 over the unit to form an integral box-like structure of unusual strength and rigidity); and one or more panels configured to be placed on top of the plurality of rails when the plurality of rails are interlocked, the one or more panels defining an upper surface of the bed foundation for supporting a mattress (Wride: FIG. 1 [Col. 3 24] foundation cap 14).
Wride does not teach and a second set of rails interlocked with the first set of rails.
Blyskal teaches and a second set of rails interlocked with the first set of rails (Blyskal: FIG. 1 [ABS.] long and short sections (12a, 12b, 12c, 14a, 14b, 14c, 14d) are preferably molded from structural foam).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Blyskal directed to having a bed structure base comprised of engaged sections made of foam. A person having ordinary skill in the art would have been motivated to make this modification in order to provide structural molding using a foam process (Blyskal: [Col. 4 18-19]).
Regarding claim 17,
Wride, as modified, teaches The kit of claim 15, wherein each rail of the second set of rails defines a notch for receiving another rail of the second set of rails (Wride: FIG 2 [Col. 3 63-65] insert 16 of notched cross grids 22 and notched lengthwise grids 23…user interlock grids at notched section).
Regarding claim 25,
Wride teaches A method of assembling a bed foundation, the method comprising: interlocking a plurality of rails to at least partially define a frame of the bed foundation (Wride: FIG. 1 [Col. 3 48-49] user would then construct a foundation base 15 much in the manner of unfolding the folded base 15), each of the plurality of rails of the frame comprised of thermoplastic foam (Wride: FIG. 4 [Col. 4 46-48] special foam sidewall rail units 25); and positioning one or more panels on top of the frame to define an upper surface of the bed foundation for supporting a mattress (Wride: FIG. 1 [Col. 3 23-25] foundation cap 14) wherein interlocking the plurality of rails comprises interlocking a first set of rails of the plurality of rails (Wride: FIG. 4 [Col. 4 39-40] it is anticipated that such bracing would have the same notched configuration as the grids 22 and 23 and would be matingly engaged), the first set of rails at least partially defining the perimeter of the frame (Wride: FIG. 4 [Col. 4 39-40] it is anticipated that such bracing would have the same notched configuration as the grids 22 and 23 and would be matingly engaged), and interlocking a second set of rails of the plurality of rails together to define an interior structure within the perimeter of the frame (Wride: FIG. 2 [Col. 4 23-25] foundation inserts 16 into the foundation base 15, and then mate the foundation cap 14 over the unit to form an integral box-like structure of unusual strength and rigidity), and wherein each rail of the second set of rails is interlocked with at least one other rail of the first set of rails and at least one other rail of the second set of rails (Wride: FIG. 2 [Col. 4 23-25] foundation inserts 16 into the foundation base 15, and then mate the foundation cap 14 over the unit to form an integral box-like structure of unusual strength and rigidity).
Wride does not teach with a second set of rails of the plurality of rails.
Blyskal teaches with a second set of rails of the plurality of rails (Blyskal: FIG. 1 [ABS.] long and short sections (12a, 12b, 12c, 14a, 14b, 14c, 14d) are preferably molded from structural foam).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Blyskal directed to having a bed structure base comprised of engaged sections made of foam. A person having ordinary skill in the art would have been motivated to make this modification in order to provide structural molding using a foam process (Blyskal: [Col. 4 18-19]).
Regarding claim 27,
Wride, as modified, teaches The method of claim 25, wherein interlocking the first set of rails with the second set of rails and interlocking the second set of rails together is performed by press fitting the first set of the rails and the second set of rails together (Wride: FIG 2 [Col. 3 23-25] insert 16 of notched cross grids 22 and notched lengthwise grids 23…user interlock grids at notched section).
Claim(s) 4, 11, 18, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wride (US4970743) in view of Blyskal (US8490228) in further view of Gaboury (US6832397).
Regarding claim 4,
Wride, as modified, teaches The bed foundation of claim 1.
Wride, as modified does not teach wherein each end of each rail of the second set of rails defines a tenon, and wherein each rail of the first set of rails defines one or more openings in which one of the tenons defined by the second set of rails is received
Gaboury teaches wherein each end of each rail of the second set of rails defines a tenon (Gaboury: FIG. 9 [Col. 6 5-6] side rails include grooves 132), and wherein each rail of the first set of rails defines one or more openings in which one of the tenons defined by the second set of rails is received (Gaboury: FIG. 9 [Col. 6 5-6] grooves 132 to receive dovetails 134 that extend from rails 26).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified in view of Gaboury directed to include tenons and a receiver for the first and second rails. A person having ordinary skill in the art would have been motivated to make this modification in order to secure the rail assembly with each other (Gaboury: [Col. 6 3-8]).
Regarding claim 11,
Wride, as modified teaches The bed foundation of claim 10 wherein the plurality of rails of the frame are comprised of one of polypropylene (PP) foam, polyethylene (PE) foam, polyethylene terephthalate (PET) foam, polyisocyanurate (polyiso) foam, polyvinyl chloride (PVC) foam, and fiberglass- reinforced polyurethane (PU) foam (Wride: FIG. 4 [Col. 4 46-48] special foam sidewall rail units 25).
Wride, as modified does not teach and wherein the one or more panels are comprised of one of PP foam, PE foam, PET foam, polyiso foam, PVC foam, and fiberglass-reinforced PU foam.
Gaboury teaches and wherein the one or more panels are comprised of one of PP foam, PE foam, PET foam, polyiso foam, PVC foam, and fiberglass-reinforced PU foam (Gaboury: FIG. 19 [Col. 7 50-52] cover 170 provided with filler foam 172).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified in view of Gaboury directed to have the side rails and panels be comprised of foam. A person having ordinary skill in the art would have been motivated to make this modification in order to increase comfort for the user interacting with the bedding structure (Gaboury: [Col. 7 50]).
Regarding claim 18,
Wride, as modified teaches The kit of claim 15.
Wride, as modified does not teach wherein each end of each rail of the second set of rails defines a tenon, and wherein each rail of the first set of rails defines one or more openings in which one of the tenons defined by the second set of rails is received
Gaboury teaches wherein each end of each rail of the second set of rails defines a tenon (Gaboury: FIG. 9 [Col. 6 5-6] side rails include grooves 132), and wherein each rail of the first set of rails defines one or more openings in which one of the tenons defined by the second set of rails is received (Gaboury: FIG. 9 [Col. 6 5-6] grooves 132 to receive dovetails 134 that extend from rails 26).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified in view of Gaboury directed to have the side rials and panels be comprised of foam. A person having ordinary skill in the art would have been motivated to make this modification in order to increase comfort for the user interacting with the bedding structure (Gaboury: [Col. 7 50]).
Regarding claim 21,
Wride, as modified teaches The kit of claim 15.
Wride, as modified does not teach wherein the one or more panels are comprised of thermoplastic foam.
Gaboury teaches wherein the one or more panels are comprised of thermoplastic foam (Gaboury: FIG. 19 [Col. 7 51] cover 170 provided with filler foam 172).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified in view of Gaboury directed to have the panels be comprised of foam. A person having ordinary skill in the art would have been motivated to make this modification in order to increase comfort for the user interacting with the bedding structure (Gaboury: [Col. 7 50-55]).
Regarding claim 22,
Wride, as modified teaches The kit of claim 21.
Wride, as modified does not teach wherein the plurality of rails are comprised of one of polypropylene (PP) foam, polyethylene (PE) foam, polyethylene terephthalate (PET) foam, polyisocyanurate (polyiso) foam, polyvinyl chloride (PVC) foam, and fiberglass-reinforced polyurethane (PU) foam, and wherein the one or more panels are comprised of one of PP foam, PE foam, PET foam, polyiso foam, PVC foam, and fiberglass-reinforced PU foam.
Gaboury teaches wherein the plurality of rails are comprised of one of polypropylene (PP) foam, polyethylene (PE) foam, polyethylene terephthalate (PET) foam, polyisocyanurate (polyiso) foam, polyvinyl chloride (PVC) foam, and fiberglass-reinforced polyurethane (PU) foam (Wride: FIG. 4 [Col. 4 47] special foam sidewall rail units 25), and wherein the one or more panels are comprised of one of PP foam, PE foam, PET foam, polyiso foam, PVC foam, and fiberglass-reinforced PU foam (Gaboury: FIG. 19 [Col. 7 49-50] cover 170 provided with filler foam 172).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Gaboury directed to have the side rials and panels be comprised of foam. A person having ordinary skill in the art would have been motivated to make this modification in order to increase comfort for the user interacting with the bedding structure (Gaboury: [Col. 7 50]).
Claim(s) 5-9, 12, 13, 19, 20, 23, and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wride (US4970743) in view of Blyskal (US8490228) in further view of Polevoy (US20190000236A1).
Regarding claim 5,
Wride, as modified teaches The bed foundation of claim 1.
Wride, as modified does not teach wherein the frame further includes a plurality of brackets, with each bracket of the plurality of brackets interconnecting two rails of the first set of rails.
Polevoy teaches wherein the frame further includes a plurality of brackets, with each bracket of the plurality of brackets interconnecting two rails of the first set of rails (Polevoy: FIG. 1 [0074] curved flanges 66 on each corner legs 60 to retain bedding).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Polevoy directed to have curved flanges on the corners of the bedding structure. A person having ordinary skill in the art would have been motivated to make this modification in order to increase stability between the rails and reinforce the bedding structure (Polevoy: [0074]).
Regarding claim 6,
Wride, as modified teaches The bed foundation of claim 5.
Wride, as modified does not teach wherein each bracket of the plurality of brackets is comprised of a thermoplastic material.
Polevoy teaches wherein each bracket of the plurality of brackets is comprised of a thermoplastic material (Polevoy: FIG. 1 [0074] four corner legs 60 comprised of molded plastic).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified in view of Polevoy directed to have corner legs be comprised of plastic. A person having ordinary skill in the art would have been motivated to make this modification in order to decrease weight using a lightweight and rigid structure (Polevoy: [0074]).
Regarding claim 7,
Wride, as modified teaches The bed foundation of claim 5.
Wride, as modified does not teach wherein each bracket of the plurality of brackets defines a first slot in which one rail of the first set of rails is received and a second slot in which another rail of the first set of rails is received.
Polevoy teaches wherein each bracket of the plurality of brackets (Polevoy: FIG. 1 [0074] curved flanges 66 on each corner legs 60 to retain bedding) defines a first slot in which one rail of the first set of rails is received and a second slot in which another rail of the first set of rails is received (Polevoy: FIG. 14 [00101] notch of upper channel 148 enters slot 138).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified in view of Polevoy directed to have curved flanges on the corners of the bedding structure. A person having ordinary skill in the art would have been motivated to make this modification in order to increase stability between the rails and reinforce the bedding structure (Polevoy: [0074]).
Regarding claim 8,
Wride, as modified teaches The bed foundation of claim 7.
Wride does not teach wherein each bracket of the plurality of brackets includes a first pair of flanges defining the first slot of the bracket, a second pair of flanges defining the second slot of the bracket, and a central body from which the first pair of flanges and the second pair of flanges extend.
Polevoy teaches wherein each bracket of the plurality of brackets includes a first pair of flanges defining the first slot of the bracket (Polevoy: FIG. 14 [00101] notch of upper channel 148 enters slot 138), a second pair of flanges defining the second slot of the bracket (Polevoy: FIG. 14 [00101] notch of upper channel 148 enters slot 138), and a central body from which the first pair of flanges and the second pair of flanges extend (Polevoy: FIG. 14 [00104] side rail 122 and end cross rail 126 with curved upper curved flange 188 of the corner leg 132).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified in view of Polevoy directed to have curved flanges on the corners of the bedding structure. A person having ordinary skill in the art would have been motivated to make this modification in order to increase stability between the rails and reinforce the bedding structure (Polevoy: [0074]).
Regarding claim 9,
Wride, as modified teaches The bed foundation of claim 8, wherein the central body is substantially hollow (Wride: FIG 2 [Col. 3 55-56] insert 16 comprise of honeycomb unit).
Regarding claim 12,
Wride, as modified teaches The bed foundation of claim 1.
Wride, as modified does not teach wherein the one or more panels includes at least two panels.
Polevoy teaches wherein the one or more panels includes at least two panels (Polevoy: FIG. 37 [0148] individual slats 460 make a deck 458).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Polevoy directed to have multiple slats for a deck of a bedding structure. A person having ordinary skill in the art would have been motivated to make this modification in order increase stability and load distribution for the bedding structure deck (Polevoy: [0148]).
Regarding claim 13,
Wride, as modified teaches The bed foundation of claim 1.
Wride, as modified does not teach wherein the one or more panels are removably secured to the frame by a plurality of fasteners.
Polevoy teaches wherein the one or more panels are removably secured to the frame by a plurality of fasteners (Polevoy: FIG. 39 [0149] slat 460 with a pin 646 to interlocking of adjacent slats 460).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Polevoy directed to have slats fastened and secured to the bedding system. A person having ordinary skill in the art would have been motivated to make this modification in order to increase stability between the slats and reinforce the bedding structure (Polevoy: [0149]).
Regarding claim 19,
Wride, as modified teaches The kit of claim 15.
Wride, as modified does not teach further comprising a plurality of brackets, each bracket of the plurality of brackets configured to interconnect two rails of the first set of rails, and the plurality of brackets defining a portion of a perimeter of the frame.
Polevoy teaches further comprising a plurality of brackets (Polevoy: FIG. 1 [0074] curved flanges 66 on each corner legs 60 to retain bedding), each bracket of the plurality of brackets configured to interconnect two rails of the first set of rails (Polevoy: FIG. 14 [00101] notch of upper channel 148 enters slot 138), and the plurality of brackets defining a portion of a perimeter of the frame (Wride: FIG. 2 [Col. 3 23-25] complete foundation section 13, place multiple foundation inserts 16 into base 15).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Polevoy directed to have curved flanges on the corners of the bedding structure. A person having ordinary skill in the art would have been motivated to make this modification in order to increase stability between the rails and reinforce the bedding structure (Polevoy: [0074]).
Regarding claim 20,
Wride, as modified teaches The kit of claim 19.
Wride, as modified does not teach wherein each bracket of the plurality of brackets is comprised of a thermoplastic material.
Polevoy teaches wherein each bracket of the plurality of brackets is comprised of a thermoplastic material (Polevoy: FIG. 2 [0074] four corner legs 60 comprised of molded plastic).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Polevoy directed to have corner legs be comprised of plastic. A person having ordinary skill in the art would have been motivated to make this modification in order to decrease weight using a lightweight and rigid structure (Polevoy: [0074]).
Regarding claim 23,
Wride, as modified teaches The kit of claim 15.
Wride, as modified does not teach and further comprising a plurality of fasteners configured to removably secure the one or more panels to the frame
Polevoy teaches and further comprising a plurality of fasteners configured to removably secure the one or more panels to the frame (Polevoy: FIG. 39 [0149] slat 460 with a pin 646 to interlocking of adjacent slats 460).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Polevoy directed to have curved flanges on the corners of the bedding structure. A person having ordinary skill in the art would have been motivated to make this modification in order to increase stability between the rails and reinforce the bedding structure (Polevoy: [0074]).
Regarding claim 28,
Wride, as modified teaches The method of claim 25.
Wride, as modified does not teach further comprising interconnecting the first set of rails together using a plurality of corner brackets, the first set of rails and the plurality of corner brackets defining the perimeter of the frame.
Polevoy teaches further comprising interconnecting the first set of rails (Wride: FIG. [Col. 4 46-48] sidewall rail units 25) together using a plurality of corner brackets (Polevoy: FIG. 1 [0074] curved flanges 66 on each corner legs 60 to retain bedding), the first set of rails and the plurality of corner brackets defining the perimeter of the frame (Polevoy: FIG. 1 [0074] curved flanges 66 on each corner legs 60 to retain bedding).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride in view of Polevoy directed to have curved flanges on the corners of the bedding structure. A person having ordinary skill in the art would have been motivated to make this modification in order to increase stability between the rails and reinforce the bedding structure (Polevoy: [0074]).
Regarding claim 29,
Wride, as modified teaches The method of claim 25.
Wride, as modified does not teach further comprising removably securing the one or more panels to the frame using a plurality of fasteners.
Polevoy teaches further comprising removably securing the one or more panels to the frame using a plurality of fasteners (Polevoy: FIG. 39 [0149] slat 460 with a pin 646 to interlocking of adjacent slats 460).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified, in view of Polevoy directed to have slats fastened and secured to the bedding system. A person having ordinary skill in the art would have been motivated to make this modification in order to increase stability between the slats and reinforce the bedding structure (Polevoy: [0149]).
Claim(s) 14 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wride (US4970743) in view of Blyskal (US8490228) in view of Bubien (US4881779).
Regarding claim 14,
Wride, as modified, teaches The bed foundation of claim 1.
Wride does not teach wherein the one or more panels are comprised of a fiberboard.
Bubien teaches wherein the one or more panels are comprised of a fiberboard (Bubien: FIG. 4 [Col. 1 38] furniture features fiberboard).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified, in view of Bubien directed having a panel be comprised of fiberboard. A person having ordinary skill in the art would have been motivated to make this modification in order to provide a panel that is lightweight and structural for assembly (Bubien: [Col. 1 35-38]).
Regarding claim 24,
Wride, as modified, teaches The kit of claim 15.
Wride, as modified, does not teach wherein the one or more panels are comprised of a fiberboard.
Bubien teaches wherein the one or more panels are comprised of a fiberboard (Bubien: FIG. 4 [Col. 1 38] furniture features fiberboard).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Wride, as modified, in view of Bubien directed having a panel be comprised of fiberboard. A person having ordinary skill in the art would have been motivated to make this modification in order to provide a panel that is lightweight and structural for assembly (Bubien: [Col. 1 35-38]).
Response to Arguments
Applicant’s arguments, see Page No. 7-11, filed 11/12/2025, with respect to Claims 1, 10, 15-17, and 25-27 under 35 U.S.C. § 102 have been fully considered and are persuasive. The rejection of Claims 1-5, 7, and 14-20 have been withdrawn in view of the prior art of Wride (US Patent No. 4970743). However, upon further consideration, a new ground(s) of rejection under 35 U.S.C. 103 is made in view of ‘Blyskal (US Patent No. 8490228) with respect to Claim(s) 1, 10, 15-17, and 25-27.
Additionally, Applicant's arguments filed 11/12/2025 (see Page No. 8-11) specifically regarding the art of ‘Gaboury’ (US Patent No. 6832397) have been fully considered but they are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
1/12/2026